Q: My company requires employees to submit to random drug tests.  Will our  drug testing policies “go up in smoke” as laws grow more lenient towards marijuana use? 

A: That is a valid question considering that Pennsylvania became the 24th state to legalize the use of marijuana for medical purposes.  In addition, several jurisdictions have legalized marijuana for recreational use.  Importantly, however, marijuana use, distribution, and possession remains prohibited under federal law.

So what does this mean for employers?

Q.  We have several employees with tattoos on their necks and forearms. Can we require them to cover up?

A. Many employers have in place employee dress codes, in an effort to maintain a certain brand image, comply with health standards, and foster professionalism. As tattoos, body piercings and other forms of body art are trending in today’s culture, some employers have struggled with whether such displays are in keeping with the company’s image.  To what extent can an employer place rules on an employee’s appearance at work without violating anti-discrimination laws?

Franchise agreements typically make clear that a franchisee is a separate entity from the franchisor and that the franchisor has no liability as an employer of anyone the franchisee hires and employs.  Indeed, traditionally franchisors have not been routinely deemed joint or co-employers with their franchisees.  This is because the franchisor usually does not control hiring, firing, wages, breaks, and other day-to-day operations of the franchisee to the extent necessary to create an agency relationship between a franchisee’s employee and the franchisor.  A recent case decided by a federal court in California, however, might put that traditional thinking and legal relationship in doubt.

If you are an HR professional, you surely worry about workplace violence.  Whether it is an “active shooter” at work or just an argument that turns physical between two employees, the concern about workplace violence and the harm it can cause — both to those directly involved and everyone else who works there — is quite real and undoubtedly scary.

I recently read an article from the Business Journal publications that I found useful:  “Preventing Workplace Violence: What to Listen For, Look For, Notice and Do.”  This article discusses issues surrounding workplace violence prevention and offers some “identifying signs and symptoms” that can be a precursor to violence. 

Q.  As a federal contractor, do I need to worry about complying with any special rules with respect to sex discrimination?

A.  The Office of Federal Contract Compliance Programs (OFCCP) recently revised rules on sex discrimination, which took effect on August 15.  The revised rules require covered employers to take…

Did you know that at the beginning of 2016, the EEOC rolled out Phase I of its Digital Charge System, which provides an online portal system for employers to access and respond to a Charge of Discrimination? If you didn’t know, you are not alone. Many employers have been surprised to receive an email from the EEOC stating that a Charge has been filed and providing a password to access the EEOC’s secure online portal. The email provides a deadline for the employer to log in to the portal. Once logged in, the employer may view and download the Charge, respond to mediation requests and upload position statements it creates for the EEOC to review. (The EEOC asserts that information uploaded to the portal are encrypted and protected by proper security controls.) The EEOC’s plan is to no longer send hard copies of these documents to employers.

Q: We have an employee who is unable to perform some of his essential job requirements because of physical limitations due to his weight.  Do we need to provide him with an accommodation?

 A: Given that almost one-third of the U.S. population is considered obese, many employers are struggling with whether to provide accommodations for employees whose weight prohibits them from performing all of their job functions. Whether obesity falls under the Americans with Disabilities Act is a hotly debated issue. Employers must juggle the cost and resources of providing accommodations with the desire to create a comfortable environment for all employees and avoid discrimination claims.

Signed into law on May 11 of this year, the federal Defend Trade Secrets Act of 2016 (“DTSA”) amends the Economic Espionage Act to create a private civil cause of action for trade secret misappropriation, and it has been hailed by the New York Times and other authorities and media outlets as the “most significant expansion in federal intellectual property law in the past 70 years.”  Yet, for decades, state trade secret laws have already been a fundamental source of protecting the confidential information of business in the United States. 

Q.  One of our employees complained that she is uncomfortable sharing the bathroom with an employee who is in transition. What are we required to do to provide a comfortable work environment for everyone?

Many employers are having discussions about equal employment opportunities for transgender employees and what steps are necessary to make the work environment comfortable for everyone.

Q.  I have been told that Pokémon Go is a lot of fun, but it seems like my employees are spending more time trying to catch fictional monsters than getting their work done. How do I keep this craze in check?

Yours is not the only workplace to succumb to the Pokémon Go craze! In a recent poll by Forbes and Apester, 69 percent of the employees surveyed admitted to playing Pokémon Go at work. Even more disturbing, more than one-third of the employees confessed to spending more than an hour of the workday playing the game.